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| Title: | An alternate legality: the property rights question in relation to South African land reform |
| Author: | Cross, Catherine |
| Year: | 1992 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 8 |
| Issue: | 3 |
| Pages: | 305-331 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | land reform land law |
| External link: | https://doi.org/10.1080/02587203.1992.11827868 |
| Abstract: | Land reform in South Africa will require a new rural land system. The models of tenure and land law now being put forward have serious limitations and may be unworkable. What is needed are legal models which take account of what tenure needs to do in rural communities in relation to what it really does. This paper identifies some of the major obstacles to writing effective legal tenures for rural South Africa. The central debate matches private property rights against communal tenure. The present government is laying heavy stress on entrenching private land ownership, eliminating communal tenure with a time horizon of ten years. After a discussion of the limitations on private tenure in South Africa, the article describes existing State-imposed tenures (betterment land replanning, Trust tenure, quitrent, State freehold, State settlement schemes, and State development leases) and the origin and nature of indigenous tenures in South Africa. Then it examines indigenous land right principles providing general access to land, principles sustaining possession of land, and principles limiting access to and transfer of land. Next, it describes directions of change in land rights perceptions and responses to demographic change and civil violence (including a case study which highlights the relations between an individual's right to dispose of land and the right of the community to limit transfer). Finally, some alternatives in land tenure are suggested. Notes, ref. |
